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Home My WebLink About02 CC MINUTES 8.4.15CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL John Nielsen, Mayor Pro Tem Rebecca Gomez, Councilmember Al Murray, Councilmember Dr. Allan Bernstein, Councilmember Agenda Item 2 Reviewed: City Manager ER Finance Director N/A AUGUST 4, 2015 COUNCIL CHAMBER • 300 CENTENNIAL WAY, TUSTIN Jeffrey C. Parker, City Manager Charles E. Puckett, Mayor David E. Kendig, City Attorney Jeffrey C. Parker, City Clerk Pamela Arends-King, City Treasurer MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CALL TO ORDER — Meeting #2373 at 7:08 p.m. INVOCATION — Councilmember Gomez PLEDGE OF ALLEGIANCE — Mayor Puckett ROLL CALL — City Clerk Present: Mayor Charles E. "Chuck" Puckett, Mayor Pro Tem John Nielsen and Councilmembers Rebecca "Beckie" Gomez, Al Murray and Dr. Allan Bernstein Absent: None City Clerk: Jeffrey C. Parker, City Clerk Others Present: David E. Kendig, City Attorney ORAL COMMUNICATION/PUBLIC INPUT — 1. Jared Dever, Director of Communications Orange County Mosquito and Vector Control District City Council August 4, 2015 Meeting Minutes Page 1 of 11 2. Brad Glustoff 3. Laura Rothafel 4. Pete Beatty 5. Bob Ammann PRESENTATIONS — o Mayor Puckett presented a Certificate of Recognition on behalf of the City Council and a Certificate of Recognition on behalf of Congresswoman Mimi Walters to Liran Koropitzer for receiving the President's Gold Volunteer Service Award by the Corporation for National and Community Service for her volunteer work with the Tustin Teens in Action program. o Mayor Puckett presented a Certificate of Recognition on behalf of the City Council and a Certificate of Recognition on behalf of Congresswoman Mimi Walters to Haggen Stores #2216 and #2215 o Mayor Puckett presented a Certificate of Recognition on behalf of the City Council and a Certificate of Recognition on behalf of Congresswoman Mimi Walters to Second Harvest Food Bank of Orange County CONSENT CALENDAR ITEMS 1-13 It was moved by Councilmember Murray and seconded by Mayor Pro Tem Nielsen to approve the balance as recommended by staff. Motion carried: 5-0 1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA Recommendation: That the City Council waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived. 2. APPROVAL OF MINUTES — REGULAR MEETING OF THE CITY COUNCIL HELD ON JULY 21, 2015 Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on July 21, 2015. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL City Council August 4, 2015 Meeting Minutes Page 2 of 11 The City Council has approved the use of Government Code Section 37208 to expedite the payment of City of Tustin and Tustin Community Redevelopment Agency obligations that are in accordance with the approved budget or continued operations authorizations. Recommendation: Approve Payroll in the amount of $741,267.73 and Demands in the amount of $2,550,203.41. 4. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT This agenda report transmits the John Wayne Airport (JWA) Noise Abatement Quarterly Report for the first quarter of 2015. The average noise level measured at Tustin's monitoring station (NMS 10N), located at Columbus Tustin Middle School on Beneta Way (Figure 1), remained consistent with prior quarters during this first quarter reporting period. There were no anomalies in the data recorded for this quarter. Average noise levels during the first quarter remained well below the City, County, and State criteria of 65 dB Community Noise Equivalent Level (CNEL) for residential uses. Recommendation: That the City Council: Receive and file this report. 5. UPDATE ON THE MUNICIPAL WATER DISTRICT OF ORANGE COUNTY'S (MWDOC) TURF REMOVAL PROGRAM AND THE SUPPLEMENTAL PAYMENT PROGRAM In an effort to increase participation in the Municipal Water District of Orange County's (MWDOC) turf removal program, on June 2, 2015 the City Council authorized amending the agreement to provide supplemental funding in the amount of one dollar per square foot of turf removed. The supplement has proven to be an extremely effective incentive for Tustin Water Service customers to make the decision to replace their turf with drought tolerant vegetation or artificial turf. As a result, 120 customers are eligible to receive the additional $1 per square feet incentive and are proposing to remove over 250,000 square feet of turf. Recommendation: That the City Council appropriate $200,000 from Water Enterprise Reserve Fund Balance for additional customer rebate incentive activity to provide the one dollar supplemental incentive per square foot for all residential turf removal applications received prior to July 9, 2015. 6. SOUTHERN CALIFORNIA EDISON'S STREET LIGHT ACQUISITION PROGRAM PARTICIPATION For the last few years, local governments have been able to request Southern California Edison (SCE) provide a valuation of a community's street light system for the purpose of local government acquisition. The street lights in question are those that are owned and maintained by SCE and for which cities are City Council August 4, 2015 Meeting Minutes Page 3 of 11 responsible for paying both energy and maintenance charges, in addition to other taxes and miscellaneous fees. SCE has notified the City that new requests for street light valuations will no longer be accepted as of the close of business on August 15, 2015 unless a valuation fee of $10,000 has been received. Recommendation: That the City Council: 1. Authorize an appropriation of $10,000 for the valuation fee from the Street Lighting Fund (Fund 142), and 2. Authorize staff to complete required application materials and submit payment to SCE in the amount of $10,000. 7. WATER CONSERVATION UPDATE - JUNE 2015 As a result of the drought, the City of Tustin is required to provide the State Water Resources Control Board with data that will be used to determine if the City is meeting the required 28% conservation target and the various methods being utilized to ensure compliance with the State's mandates. This report summarizes the information provided to the State for the month of June 2015 and provides the City Council and the public with general information on previous and upcoming actions taken by the City. Recommendation: That the City Council: Receive and file this report. 8. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY Government Code Section 53646 requires that the Treasurer make an Investment Report to the City Council at least quarterly showing balances by authorized investment and certifying its compliance with the adopted Investment Policy. Recommendation: That the City Council: Receive and file this report. 9. SALARY RESOLUTION FOR UNREPRESENTED EXECUTIVE MANAGEMENT AND MANAGEMENT EMPLOYEES Adoption of the attached Resolution will authorize terms and conditions of employment for unrepresented Executive Management and Management employees in accordance with Council direction. Recommendation: That the City Council: Adopt Resolution No. 15-44 amending the City's Classification and Compensation Plan for unrepresented Executive Management and Management employees. City Council August 4, 2015 Meeting Minutes Page 4 of 11 RESOLUTION NO. 15-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN RELATING TO COMPENSATION AND BENEFITS FOR UNREPRESENTED EXECUTIVE MANAGEMENT AND MANAGEMENT EMPLOYEES, AND SUPERSEDING RESOLUTION 13-62 10. SALARY RESOLUTIONS FOR UNREPRESENTED CONFIDENTIAL AND SUPERVISORY EMPLOYEES Adoption of the attached Resolutions will authorize terms and conditions of employment for unrepresented Confidential and Supervisory employees in accordance with Council direction. Recommendation: That the City Council adopt the following resolutions: 1. Resolution No. 15-45 amending the City's Classification and Compensation Plans for unrepresented Confidential employees; and 2. Resolution No. 15-46 amending the City's Classification and Compensation Plans for unrepresented Supervisory employees. RESOLUTION NO. 15-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN RELATING TO COMPENSATION AND BENEFITS FOR UNREPRESENTED CONFIDENTIAL EMPLOYEES, AND SUPERSEDING RESOLUTION 13-64 RESOLUTION NO. 15-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN RELATING TO COMPENSATION AND BENEFITS FOR UNREPRESENTED SUPERVISORY EMPLOYEES, AND SUPERSEDING RESOLUTION 13-63 11. SALARY RESOLUTION FOR UNREPRESENTED PART-TIME NON - BENEFITTED EMPLOYEES Adoption of the attached Resolution will authorize terms and conditions of employment for unrepresented Part -Time Non -Benefitted employees in accordance with Council direction and California state law. Recommendation: That the City Council: Adopt Resolution No. 15-47 amending the City's Classification and Compensation Plan for unrepresented Part -Time Non -Benefitted employees. RESOLUTION NO. 15-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN RELATING TO COMPENSATION FOR UNREPRESENTED PART-TIME NON - BENEFITTED EMPLOYEES AND SUPERSEDING RESOLUTION 11-68 City Council August 4, 2015 Meeting Minutes Page 5 of 11 12. PERSONNEL RULES REVISION Adoption of the attached Resolution will update the City's Personnel Rules. Recommendation: That the City Council adopt Resolution No. 15-50 amending the City's Personnel Rules. RESOLUTION NO. 15-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING REVISED PERSONNEL RULES OF THE CITY OF TUSTIN 13. SIDE LETTERS TO THE MEMORANDA OF UNDERSTANDING WITH THE TUSTIN POLICE SUPPORT SERVICES ASSOCIATION AND THE TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION Adoption of the attached Resolutions and Side Letters to the Memoranda of Understanding (MOU) will authorize terms and conditions of employment for employees in classifications represented by the Tustin Police Support Services Association (TPSSA) and the Tustin Municipal Employees Association (TMEA) in accordance with City Council direction. Recommendation: That the City Council adopt the following resolutions: 1. Resolution No. 15-48 amending the City's Classification and Compensation Plans and approving the Side Letter to the Memorandum of Understanding with TPSSA for the period of July 1, 2015 through June 30,2018 -land 2. Resolution No. 15-49 amending the City's Classification and Compensation Plans and approving a Memorandum of Understanding with TMEA for the period of July 1, 2015 through June 30, 2018. RESOLUTION NO. 15-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION AND COMPENSATION PLANS FOR THE CITY OF TUSTIN AND APPROVING THE SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND THE TUSTIN POLICE SUPPORT SERVICES ASSOCIATION, CONCERNING WAGES, HOURS, AND TERMS AND CONDITIONS OF EMPLOYMENT RESOLUTION NO. 15-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION AND COMPENSATION PLANS FOR THE CITY OF TUSTIN AND APPROVING THE SIDE LETTER TO City Council August 4, 2015 Meeting Minutes Page 6 of 11 THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND THE TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION, CONCERNING WAGES, HOURS, AND TERMS AND CONDITIONS OF EMPLOYMENT REGULAR BUSINESS ITEM NO. 14 14. SECOND READING AND ADOPTION OF ORDINANCE NO. 1459 Mayor Pro Tem Nielsen recused himself due to a potential conflict in real property interest. Wickland Pipelines, LLC (Wickland) is requesting approval to construct, maintain, and operate an approximately 5 -mile long 12 -inch California Public Utilities Commission (CPUC) regulated common carrier jet fuel pipeline connecting John Wayne Airport to an existing 16 -inch products pipeline operated by Kinder Morgan Energy Partners (Kinder Morgan). The route through the City of Tustin would connect to the Kinder Morgan pipeline adjacent to Tustin Ranch Road just north of Edinger Avenue, continue westward in Edinger Avenue, then proceed south in Red Hill Avenue, through the City of Irvine, to the Airport. The County of Orange has conducted an Initial Study and approved Mitigated Negative Declaration CPP #2013-00087. City Council approval of Ordinance No. 1459 would grant a franchise to Wickland Pipelines, LLC to construct, maintain, and operate one 12 -inch pipeline within certain public roads, streets, and ways of the City of Tustin. It was moved by Councilmember Murray and seconded by Councilmember Gomez to have the second reading by title only and adopt Ordinance 1459 (roll call vote) and waive further reading of Ordinance No. 1459. Motion carried: 4-0 Mayor Pro Tem Nielsen returned to the dais. ORDINANCE NO. 1459 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA GRANTING A FRANCHISE TO WICKLAND PIPELINES, LLC, TO CONSTRUCT, MAINTAIN AND OPERATE PIPELINES WITHIN CERTAIN PUBLIC ROADS, STREETS AND WAYS OF THE CITY OF TUSTIN, CALIFORNIA Water Services Manager Art Valenzuela provided a presentation on the City's Water Conservation efforts. Announced the upcoming Water Expo Let's Get Smart About Water will be held on September 19, 2015 at Peppertree Park from 10:00 am to 2:00 p.m. City Council August 4, 2015 Meeting Minutes Page 7 of 11 OTHER BUSINESS/COMMITTEE REPORTS COUNCILMEMBER BERNSTEIN July 23 Attended the Orange County Coastal Coalition meeting July 29 Participated in the City Square Radio Show with Frank Ury hosted by Jerry Amante Attended the Water Policy dinner; guest speaker was Felicia Marcus, Chair of the State Water Resources Control Board Toured the Anaerobic Digester constructed by CR&R in Perris August 3 Attended the Veterans Advisory Committee meeting August 4 Attended National Night Out; thanked the Tustin Police Department Thanked staff and the Orange County Mosquito and Vector Control for their efforts regarding West Nile Virus COUNCILMEMBER GOMEZ Attended the Senior Advisory Board of Directors meeting Announced the Santa Ana River Flood Protection Agency did not meet in July due to a lack of quorum July 28 Attended the Orange County Residential Development Discussion; sponsored by the Association of California Cities of Orange County and the Building Industry Association Announced she was appointed to the Orange County Emergency Medical Care Committee to represent the Senior Citizens Advisory Council Thanked the Parks and Recreation Department for making the Concerts in the Park events safe and entertaining to the community Thanked the Tustin Police Department, volunteers and vendors for a successful National Night Out City Council August 4, 2015 Meeting Minutes Page 8 of 11 COUNCILMEMBER MURRAY July 22 Attended the Orange County Transportation Authority Finance Committee meeting Attended the Third District Proposed Bike Route study coordinated by Chairman Todd Spitzer; thanked Director of Public Works Douglas Stack July 23 Attended the Orange County Fire Authority Board of Directors meeting; nominated Vice- Chair Mayor of Yorba Linda Gene Hernandez as Chair and Buena Park Councilmember Beth Swift as Vice-Chair July 31 Attended the Los Angeles–San Diego–San Luis Obispo Rail Corridor (LOSSAN Corridor) Board of Directors meeting August 3 Attended the Orange County Transportation Authority Executive Committee meeting Attended the Orange County Task Force on Drowning Prevention; met with a twenty-four member task force including Orange County Health officials, public safety officials, government officials, non-profit organizations, parents of victims and Olympic medal- winning swimmers. Announced he was honored to be chosen by the group as the Chairman of the task force. Attended National Night Out; thanked the Tustin Police Department and the great Honor Guard Thanked Dr. Bernstein for his leadership regarding the West Nile Virus and staff at the Orange County Mosquito and Vector Control Announced daughter Lily's SoCal Water Polo 18 and under team competed in the 2015 thnd National Junior Olympics Classic Division; seeded 10 and placed 2 to win the Silver medal MAYOR PRO TEM NIELSEN July 22 Attended the Orange County Sanitation District Board of Directors meeting Attended the Orange County Sanitation District Steering Committee meeting; recognized outgoing Chair Tom Beamish; thanked everyone who voted for him as the new Chair City Council August 4, 2015 Meeting Minutes Page 9 of 11 July 28 Attended the Orange County Residential Development Discussion; sponsored by the Association of California Cities of Orange County and the Building Industry Association July 29 Attended the fundraiser for Mike Munzing for re-election to the Aliso Viejo City Council Attended the Concerts in the Park event Toured the Anaerobic Digester constructed by CR&R in Perris August 3 Attended the Veterans Advisory Committee meeting August 4 Attended the National Night Out event; thanked the Tustin Police Department MAYOR PUCKETT Congratulated Mayor Pro Tem Nielsen for being elected to serve as Chair of the Orange County Sanitation District Attended Christmas in July at the Orange County Rescue Mission; thanked Peter Brakke owner of Chick-fil-A at the Tustin Legacy Attended the Transporation Corridor Agencies Board of Directors special meeting Visited the new Chinese electric car in Los Angeles Attended the National Night Out event; thanked Chief Celano Announced officials from the City of Heyuan are scheduled to visit the City of Tustin in October; attending the 2015 China Sister Cities Conference; invited Mayor Pro Tem to accompany him to Chicago; suggested the City obtain sponsors for the hosted dinner in Tustin RECESSED TO CLOSED SESSION — 8:03 p.m. City Council August 4, 2015 Meeting Minutes Page 10 of 11 CLOSED SESSION MEETING CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION [Government Code § 54956.9(d4)] — Two Cases 2. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION [Government Code § 54956.9(d2)] — Two Cases 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code § 54956.8] — One Case Property Address/Description Agency City Negotiators Negotiating Parties Under Negotiation RECONVENED — 9:12 p.m. 430-391-12, 430-391-09, and 430-391-03 City of Tustin Jeffrey C. Parker, City Manager Tustin Unified School District, represented by Dr. Gregory Franklin, Superintendent Price and Terms of Payment CLOSED SESSION REPORT — City Attorney David E. Kendig — The Council took no reportable action. ADJOURNED at 9:13 p.m. The next meeting is scheduled for Tuesday, August 18, 2015 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. City Council August 4, 2015 Meeting Minutes Page 11 of 11